2006 New York Code - Limitations On Certain Actions Against Licensed Engineers And Architects.

 
    § 214-d. Limitations on certain actions against licensed engineers and
  architects.  1.  Any  person  asserting  a  claim  for  personal injury,
  wrongful death or property damage, or a cross or third-party  claim  for
  contribution  or  indemnification  arising out of an action for personal
  injury, wrongful death or property damage, against a licensed architect,
  engineer, land surveyor or landscape architect or against a partnership,
  professional  corporation  or   limited   liability   company   lawfully
  practicing   architecture,  engineering,  land  surveying  or  landscape
  architecture which is based upon the professional  performance,  conduct
  or  omission  by  such  licensed  architect,  engineer, land surveyor or
  landscape architect or such firm occurring more than ten years prior  to
  the  date of such claim, shall give written notice of such claim to each
  such architect, engineer, land surveyor or landscape architect  or  such
  firm  at  least  ninety  days  before  the commencement of any action or
  proceeding against such licensed architect, engineer, land  surveyor  or
  landscape  architect  or  such  firm  including any cross or third-party
  action or claim. The notice of claim  shall  identify  the  performance,
  conduct or omissions complained of, on information and belief, and shall
  include  a  request  for   general and special damages.  Service of such
  written notice of claim may be made by any of the methods permitted  for
  personal  service  of  a  summons  upon a natural person, partnership or
  professional corporation. A notice of claim served  in  accordance  with
  this  section shall be filed, together with proof of service thereof, in
  any court of this state in which  an  action,  proceeding  or  cross  or
  third-party  claim  arising  out  of  such  conduct  may be commenced or
  interposed, within thirty days of the service of the  notice  of  claim.
  Upon  the  filing  of  any  such  notice  of claim, a county clerk shall
  collect an index number fee in accordance with  section  eight  thousand
  eighteen of this chapter and an index number shall be assigned.
    2.  In  such  pleadings  as  are subsequently filed in any court, each
  party shall represent that it has fully complied with the provisions  of
  this section.
    3.  Service  of  a  notice  as provided in this section shall toll the
  applicable statute of limitations to  and  including  a  period  of  one
  hundred twenty days following such service.
    4.  From  and  after the date of service of the notice provided for in
  subdivision one of this section, the claimant shall have  the  right  to
  serve  a demand for discovery and production of documents and things for
  inspection, testing, copying or photographing in  accordance  with  rule
  three  thousand one hundred twenty of this chapter. Such demand shall be
  governed by the procedures of article thirty-one  of  this  chapter.  In
  addition,  the  claimant  shall have the right to the examination before
  trial of such licensed architect, engineer, land surveyor  or  landscape
  architect  or  such  firm  or to serve written interrogatories upon such
  licensed architect, engineer, land surveyor or  landscape  architect  or
  such  firm  after service of and compliance with a demand for production
  and inspection in accordance with this section. The court  may,  at  any
  time  at  its  own  initiative  or on motion of such licensed architect,
  engineer, land surveyor or landscape architect or such firm deny, limit,
  condition  or  restrict  such  examination  before  trial   or   written
  interrogatories  upon  a  showing  that  such  claimant  has  failed  to
  establish reasonable necessity for the information sought or  failed  to
  establish   that   the   information   sought  by  such  examination  or
  interrogatories cannot reasonably be determined from  the  documents  or
  things  provided  in  response to a demand for production and inspection
  served in accordance with this section. Such examination before trial or
  interrogatories shall otherwise be governed  by  article  thirty-one  of
  this chapter.
    5.  After  the  expiration  of  ninety days from service of the notice
  provided in subdivision one of this section, the claimant  may  commence
  or interpose an action, proceeding or cross or third-party claim against
  such  licensed architect, engineer, land surveyor or landscape architect
  or such firm. The action shall proceed in every respect as if the action
  were  one  brought  on  account of conduct occurring less than ten years
  prior to the claim  described  in  said  action,  unless  the  defendant
  architect,  engineer,  land surveyor or landscape architect or such firm
  shall have made a motion under rule three thousand two hundred eleven or
  three thousand two hundred twelve of this chapter, in  which  event  the
  action  shall be stayed pending determination of the motion. Such motion
  shall be granted upon a showing that such claimant has failed to  comply
  with the notice of claim requirements of this section or for the reasons
  set  forth  in subdivision (h) of rule three thousand two hundred eleven
  or subdivision (i) of rule three thousand two  hundred  twelve  of  this
  chapter;  provided,  however,  such  motion  shall not be granted if the
  moving party is in default of any disclosure obligation as set forth  in
  subdivision four of this section.
    6. No claim for personal injury, or wrongful death or property damage,
  or  a  cross  or  third-party  claim for contribution or indemnification
  arising out of an action for personal injury, wrongful death or property
  damage may be asserted against  a  licensed  architect,  engineer,  land
  surveyor  or  landscape architect or such firm arising out of conduct by
  such licensed architect, engineer, land surveyor or landscape  architect
  or  such firm occurring more than ten years prior to the accrual of such
  claim shall  be  commenced  or  interposed  against  any  such  licensed
  architect,  engineer,  land surveyor or landscape architect or such firm
  unless it shall appear by and as  an  allegation  in  the  complaint  or
  necessary  moving  papers  that  the  claimant  has  complied  with  the
  requirements of this section. Upon the commencement of such a proceeding
  or action or interposition of such cross or third-party claim, a  county
  clerk  shall  not  be  entitled  to collect an index number fee and such
  action, proceeding or  cross  or  third-party  claim  shall  retain  the
  previously  assigned  index number.  Such action, proceeding or cross or
  third-party claim shall otherwise be governed by the provisions of  this
  chapter.
    7.  The  provisions  of  this  section  shall apply only to a licensed
  architect, engineer, land surveyor or landscape architect or  such  firm
  practicing   architecture,  engineering,  land  surveying  or  landscape
  architecture in the state of New York at the time the conduct complained
  of occurred and shall not apply to any person or entity,  including  but
  not  limited  to  corporations,  which was not licensed as an architect,
  engineer, land surveyor or landscape architect  or  such  firm  in  this
  state  or  to  a firm not lawfully practicing architecture, engineering,
  land surveying  or  landscape  architecture  at  the  time  the  conduct
  complained of occurred.
    8. The provisions of this section shall not be construed to in any way
  alter  or  extend  any  applicable  statutes  of  limitations  except as
  expressly provided herein.